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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of January 9, 2020 No. 8

About approval of the international treaty and its realization

(as amended of the Presidential decree of the Republic of Belarus of 17.06.2021 No. 220)

For the purpose of implementation of the investment project "Clear Water of the Vitebsk Region" (further - the Project) I decide:

1. Approve the Credit agreement ("Clear Water of the Vitebsk Region" project) between the Republic of Belarus and the European Bank for Reconstruction and Development signed in Minsk on June 11, 2019 (further - the Credit agreement).

2. Provide means of the credit of the European Bank for Reconstruction and Development in the amount 15, to 5 million euros (further - the credit) Vitebskoblvodokanal Unitary Enterprise for realization of the actions provided by the Credit agreement.

3. Determine:

Vitebskoblvodokanal Unitary Enterprise the customer on the water supply construction of facilities performed within project implementation;

JSC ASB Belarusbank agent bank of the Government of the Republic of Belarus on servicing of the credit.

4. Provide Vitebskoblvodokanal Unitary Enterprise:

in 2020 transfer at the expense of own means in the republican budget of payments in euro on loan repayment, interest payment, the commissions and other payments on it not later than 10 days before the payment dates established by the Credit agreement;

in 2028-2048 compensation in the republican budget of the payments made by the Ministry of Finance in 2021-2034 at the expense of means of the republican budget for loan repayment, interest payment, the commissions and other payments on the credit and also the commissions to agent bank, in euro annually no later than December 31 according to the schedule approved with the Ministry of Finance;

implementation of actions, provided by the Credit agreement, and also target use of means of the credit;

financial accounting of economic activities according to the Credit agreement, creation of the accounting and (or) financial reporting;

submission of reports on the project progress to the Vitebsk regional executive committee, Ministry of Finance, Ministry of Housing and Public Utilities, European Bank for Reconstruction and Development.

5. To the Ministry of Housing and Public Utilities, the Vitebsk regional executive committee, JSC ASB Belarusbank, Vitebskoblvodokanal Unitary Enterprise to sign the agreement on procedure for use and loan repayment with the Ministry of Finance.

6. Determine that purchases of goods (works, services) for the purpose of project implementation are performed according to the procedure and according to the requirements determined by the Credit agreement.

7. Exempt till December 31, 2022:

7.1. from import customs duties (taking into account the international obligations of the Republic of Belarus) and the value added tax, levied by customs authorities when importing to the territory of the Republic of Belarus, the equipment, including machines, mechanisms, and also the materials which are included in the package of delivery of the corresponding equipment, and the components (except for excisable) acquired for the purpose of project implementation at the expense of means of the credit;

7.2. from the value added tax turnovers on realization to the customer general contract organization of goods (works, services), property rights for the purpose of project implementation at the expense of means of the credit.

Tax amounts on value added *, shown to general contract organization in case of purchase of goods (works, services), the property rights used for the purpose of project implementation are deductible till December 31, 2022 at general contract organization in full.

The tax amounts on value added falling on the turnovers exempted from the value added tax according to part one of this subitem, including accepted to deduction in full are determined by method of separate accounting of the tax deductions depending on the directions of use of goods purchased (works, services), property rights at the expense of means of the credit;

______________________________

* Recognized according to the legislation the tax deductions, except for the tax amounts which are not deductible.

7.3. from the value added tax turnovers on realization in the territory of the Republic of Belarus the foreign organizations which are not performing activities in the Republic of Belarus through permanent mission and not consisting with respect thereto on accounting in tax authorities of the Republic of Belarus, works, services, property rights under the agreements signed with the customer for the purpose of project implementation at the expense of means of the credit;

7.4. from the value added tax turnovers on realization in the territory of the Republic of Belarus the Belarusian organizations (except for general contract organization) and (or) individual entrepreneurs of works, services, property rights under the agreements signed with the customer for the purpose of project implementation at the expense of means of the credit;

7.5. from tax on the income of the foreign organizations which are not performing activities in the Republic of Belarus through the permanent mission, the foreign organizations which are not performing activities in the Republic of Belarus through permanent missions in case of receipt of the income from rendering consulting services within the Credit agreement.

Provisions of part one of this subitem extend to residents of the states to whom the Republic of Belarus does not apply the international agreements on avoidance of double taxation for date of emergence of obligations on the tax discharge on the income of the foreign organizations which are not performing activities in the Republic of Belarus through permanent mission.

8. The bases and features of release from import customs duties, the value added tax and implementation of the tax deductions are in full determined in appendix.

9. To the Ministry of Housing and Public Utilities and the Vitebsk regional executive committee to perform:

control over the implementation of the actions provided by the Credit agreement, target use of means of the credit;

coordination of actions of the republican state bodies and other organizations participating in implementation of the Credit agreement.

10. To impose control over the implementation of this Decree on the State Control Committee and Council of Ministers of the Republic of Belarus.

11. This Decree becomes effective from the date of its signing.

President of the Republic of Belarus

A. Lukashenko

Appendix

to the Presidential decree of the Republic of Belarus of January 9, 2020 No. 8

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